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(영문) 대전지방법원 천안지원 2019.08.08 2018고단2108
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 7, 2018, the Defendant driven a non-registered motor vehicle without a mandatory insurance policy under the influence of alcohol content of about 0.071%, without obtaining a motorcycle driver’s license, from the front side of the Seo-gu, Seobuk-gu, Seocheon-gu, Incheon to the front side of the same Gu C apartment, and from around 2km to the front side of the same Gu C apartment, on July 7, 2018.

2. On July 22, 2018, the Defendant driven a non-registered sea-free vehicle that was not covered by mandatory insurance without obtaining a motorcycle driver’s license from the section 1 km from the front side of the Seo-gu, Seo-gu, Seocheon-si, Seocheon-si to the front road of the same Gu from 09:50 on July 22, 2018, in a state of alcohol alcohol concentration of 0.074%, without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The actual survey report, each related photograph, and the report on the occurrence of a traffic accident;

1. Domestic investigation against the suspected person A;

1. The ledger of driver's licenses;

1. Notification of non-licensed drinking drivers to detect them;

1. The application of Acts and subordinate statutes to notify the users of drinking meters, the results of the drinking driving control, the inquiry into the results of the drinking driving control, the report on the actual state of drinking alcohol, the notification of the completion of correction;

1. Although Article 148-2 (1) 1 of the former Road Traffic Act is stated in the indictment of this case concerning criminal facts, in light of the fact that there are no relevant criminal records in the investigation report No. 39 of the evidence list (related to the rate of applicable law) and the above indictment, it can be deemed that the defendant was prosecuted by applying Article 148-2 (2) 3 of the above Act. Even if it is not so, it can be recognized without impeding the defendant's right to defense and without changing the indictment.

Articles 148-2 (2) 3, 44 (1), 154 subparagraph 2, and 43 of the former Road Traffic Act [Article 148-2 (1), Article 154 subparagraph 2, and the main sentence of Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act];

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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